United Kingdom - extradition - extraterritorial jurisdiction - criminal law - abuse of process - judicial discretion - distinguishing U.S. precedent
Article Abstract:
The decision of the House of Lords in R. v. Horseferry Road Magistrates' Court, ex parte Bennett, does not endorse the U.S. Supreme Court's position in Alvarez-Machain concerning international abduction of criminal defendants. The Law Lords held that the trial of a defendant who had been abducted abroad could be stayed because of abuse of process, in that extradition procedures had been circumvented. The decision was based on judicial discretion rather than jurisdiction, and the principle of judicial comity probably influenced the decision.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1995
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Immunity of former head of state from prosecution by foreign state for acts committed while in offce - effect of Torture Convention on immunity - extradition - application of dual criminality requirement to extraterritorial offenses
Article Abstract:
The author examines the UK House of Lord's decision in R. v. Bow Street Metropolitan Stipendiary Magistrate (ex parte Pinochet Ugarte), in which the court ruled heads of states are not immune from prosecution for crimes committed under their leadership and extradition for international crimes was permissible under international law.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1999
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International crimes - universal criminal jurisdiction - genocide - terrorism by military officers - torture - effect of amnesty by state where crimes occured - indictment and request for extradition of former foreign head of state
Article Abstract:
The authors examine Spain's National Court decision in In re Pinochet and its ruling regarding universal criminal jurisdiction over international crimes.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1999
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